19 Jul 2023
PIVOTT v AUCKLAND COUNCIL [2023] NZHC 1876
- Citation
- [2023] NZHC 1876
- Court
- High Court
The application for costs was declined under s 9 of the Costs in Criminal Cases Act 1967 because the appellant abandoned the appeal after disclosure on the eve of the hearing revealed part of her affidavit was incorrect; given the timing and circumstances the court exercised its discretion not to award costs and there was no basis under s 13(3) to order costs in excess of the prescribed scale as no special difficulty, complexity or importance was shown.